SENERGY AI TECHNOLOGIES INC.

Please read these Terms of Service ("Terms") carefully before using https://www.senergyai.com/ (the "Website") and/or the mobile application Senergy Connect (the "App") operated by Senergy AI Technologies Inc. ("Senergy AI," "us," "we," or "our").

Your access to and use of the Website and/or App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website and/or the App

By accessing or using the Website or the App, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Website or the App.

1. Changes to Terms

Senergy AI reserves the right to modify, update, or replace these Terms of Service at any time without prior notice. It is your responsibility to review these terms periodically for changes. Your continued use of our services after any changes constitutes acceptance of those changes.

2. Privacy Policy

By using the Website and/or the App, you agree to our Privacy Policy, which outlines how we collect, use, and disclose your personal information. You can find our Privacy Policy at: https://www.senergyai.com/privacy.

3. Monitoring Data

a. Utility Usage Statistics & Spike Alerts: Certain features of our services may require you to provide information regarding utility usage information for your Property. By using our Website, App, or services to monitor your Property's utility usage and/or receive alerts for usage spikes, you agree to provide accurate information, including property details, utility and energy consumption data, and any relevant documents. You also grant us the necessary permissions to assess, analyze, and provide recommendations based on the information you provide.

b. Recommendations: Any recommendations as to lowering utility usage or rent discount calculations provided by Senergy AI are based on the data and information you provide. While we strive for accuracy, we cannot guarantee the suitability or performance of any recommendations, energy or water conservation strategies, or discount calculations. You should consult with a licensed professional and review local regulations before implementing any recommendations, energy or water conservation strategies, or discount calculations.

4. Your Grant of license to Senergy AI Technologies Inc. to use your Contributions

By making a Contribution to the Website or the App, which includes any data generated relating to utility usage or rent discount calculations on or through our application system, you grant us a perpetual, non-exclusive (meaning you remain free to license your Contribution to others), fully-paid up, royalty-free (meaning we are not required to pay you for our use of your Contributions), sub-licensable (meaning that we can grant others the right to use your Contributions, for example, a company hosting the Website or the App) and worldwide (because the Internet, the Website, and the App can be accessed from anywhere in the world) license to use, modify, create derivative works of, publicly perform and display, reproduce, communicate, commercialize, and distribute the Contributions without any further compensation, attribution, or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Contributions, and you agree to forego any intellectual property rights to you Contributions. You also recognize our legitimate interest in using your Contribution, in accordance with the scope of this license, to the extent your Contributions contain any personal information.

If you provide any suggestions, product improvements, enhancement requests, recommendations or other feedback (collectively "Feedback") relating to the Website and/or the App, you grant us a perpetual, non-exclusive, fully-paid up, royalty-free, sub-licensable, and worldwide license to use, modify, create derivative work of, publicly perform and display, reproduce, communicate, commercialize and distribute such Feedback without any further compensation, attribution or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Feedback, and you recognize our legitimate interest in using your Feedback, in accordance with the scope of this license, to the extent it contains any personal information.

5. Transactions and Payments

Any transactions conducted through the Website and/or the App, including payment processing, are handled by the third-party provider. You acknowledge and agree that any financial transactions or payment information you provide to complete a purchase are subject to the terms and conditions of the third-party provider's payment processing service.

We reserve the right to refuse any transaction you attempt with us. We may, in our sole discretion, limit or cancel transactions per person, per business, or per transaction. These restrictions may include transactions made by or under the same customer account, the same credit card, and/or transactions that use the same billing and/or shipping address. In the event that we make a change to or cancel a transaction, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit transactions that, in our sole judgment, appear to be made in bad faith.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Website or App. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Prohibited Usage

You acknowledge and agree not to utilize our Website, App, or services—or any portion thereof—in any of the following ways:

• In any manner that contravenes applicable federal, state, local, or international laws or regulations, including those governing data or software export to and from the United States of America or other countries, or that may result in legal liability.
• With the intent to exploit, harm, or attempt to exploit or harm minors or any individuals by exposing them to inappropriate content, requesting personally identifiable information, or similar actions.
• Engaging in fraudulent, false, misleading, or deceptive activities, including impersonating or misrepresenting your association with:
  • Us or any of our affiliates,
  • An officer, agent, or employee of ours or any of our affiliates,
  • Another user or any other person or entity, whether through the use of email addresses, login credentials, or screen names associated with any of the aforementioned.
• Posting defamatory, obscene, pornographic, or vulgar content. We reserve the right to report any such content to the appropriate authorities, at our discretion, at any time, and without any prior notification to you.
• Participating in conduct that restricts or inhibits others from using or enjoying our Website, App, or Services, or which—as determined by us in our reasonable business judgment—may harm or expose us or others to liability.

Additionally, you agree not to interact with our Website, App, or services in any manner that could disable, overburden, damage, or impair our Website, App, or services, or interfere with any other party's use of our Website, App, or services, including their ability to engage in real-time activities through our Website, App, or Services; monitor or copy any material from our Website, App, or Services, or engage in any unauthorized purpose (including reverse engineering, decompiling, or disassembling any software, plug-ins, or applications that might be part of our Website) without prior written consent from Senergy AI to you; use any device, software, or routine that interferes with the proper functioning of our Website, App, or Services; introduce malicious software, such as viruses, trojan horses, worms, logic bombs, or similar materials that are technologically harmful; or otherwise attempt to interfere with the proper functioning of our Website, App, or Services.

All rights not expressly granted to you herein are reserved by us. Any use of our Website, App, or Services not expressly permitted by these Terms constitutes a breach of these Terms and may additionally violate copyright law, trademark law, international conventions, and other applicable laws.

7. Intellectual Property

a. Ownership: This Website and this App—including any and all content, trademarks, logos, trade secrets, and other forms of intellectual property featured on the Website and/or the App, or transmitted to you by Senergy AI—are the exclusive property of Senergy AI or its licensors. These materials are protected by applicable copyright, trademark, and intellectual property laws.

b. Use of Content: You may access and use the content and materials provided on our Website and our App solely for the purpose of evaluating and exploring our services and evaluating your utility usage. Unauthorized reproduction, distribution, or modification of any content is strictly prohibited.

8. Community Guidelines

We encourage respectful and constructive interaction among users on the Website and the App. You agree not to use the Website or the App to post, transmit, or share any content that is offensive, defamatory, discriminatory, or violates the rights of any individual or entity. We reserve the right to moderate, edit, or remove any content that violates these guidelines at our discretion, at any time, without any notice to you. You are obligated to ensure that any use by you of the Website and/or the App is not in violation of these Community Guidelines.

9. Reliance on Information Posted

Our Website and our App may also include content provided by third parties, including other service providers, third-party licensors, syndicators, aggregators and/or reporting services. Such information may also include articles, opinions, recommendations, responses to questions and other content, all of which is made available to you solely as an accommodation and without any representations, warranties or guarantees whatsoever, including as to their quality, accuracy, usability or legality, and without any endorsement of either the information or its source. Any information presented on or through our Website and/or our App is made available to you solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website and/or our App, or by anyone who may be informed by you, directly or indirectly, of any information on our Website and/or our App.

10. Warranties and Limitation of Liability

Contributions, information and other materials made available on the Website and the App, whether by Senergy AI or other users of the Website and/or the App, are not intended to amount to advice on which reliance should be placed. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER OF OR VISITOR TO THE DIGITAL PLATFORMS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

By operating the Website and the App, we do not represent or imply that we endorse any Contributions or any other materials available on or linked to by the Website and/or the App, including without limitation, content hosted on Third Party Sites, or that we believe such Contributions or any other materials are complete, accurate, useful or non-harmful. We do not promise any specific results from the use of the Website or the App. No advice or information, whether oral or written, obtained by you from us, the Website, or the App shall create any warranty not expressly stated in this Agreement.

THE WEBSITE AND THE APP, INCLUDING CONTENT, INFORMATION OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE WEBSITE AND/OR THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" AND (TO THE FULLEST EXTENT PERMITTED BY LAW) WITHOUT WARRANTY (EXPRESS OR IMPLIED) OR CONDITIONS OF ANY KIND, AND SENERGY AI SHALL HAVE NO LIABILITY AND OWE NO DAMAGES IN THE EVENT OF ANY ERRORS ON THE WEBSITE OR THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT, DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR THE APP, THE CONTENT OF ANY SITE LINKED TO THE WEBSITE AND/OR THE APP, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE AND/OR THE APP. WE DO NOT GUARANTEE THAT: (I) THE WEBSITE OR THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND/OR (IV) THE RESULTS OF USING THE WEBSITE OR THE APP WILL MEET YOUR EXPECTATIONS. YOU USE THE WEBSITE AND/OR THE APP AT YOUR OWN RISK. DATA GENERATED OR REFLECTED ON THE WEBSITE AND/OR THE APP RELATING TO YOUR PROJECT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CREATE ANY RIGHT, CLAIM, WARRANTY OR CAUSE OF ACTION FOR YOU OR YOUR BENEFIT. HVAC SYSTEM INFORMATION REFLECTED IN THE WEBSITE IS NOT A GUARANTY OF PERFORMANCE OR PRODUCTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH APPLICABLE LAW.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL PLATFORMS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORMS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE APP.

IN NO EVENT SHALL SENERGY AI, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR THE APP, OR THE OUTCOMES OF ANY PROJECT RECOMMENDATIONS.

11. Indemnification

You agree to defend, indemnify and hold harmless Senergy AI, our affiliates and each of our and their respective officers, directors, employees, agents, successors and assigns from and against any Claims (as defined below) arising out of or relating to (i) your improper use of our Website, App, or services or (ii) your violation of these Terms, the rights of any other person or entity or any applicable law. "Claims" means and includes any past, present, or future actions, causes of action, demands, assertions of rights, costs, demands, expenses, injuries, judgments, losses suits, damages and attorneys' fees and other costs of defense, of any kind or nature whatsoever, whether in tort, contract, pursuant to statute, at law or equity or otherwise, whether direct or indirect, contingent or absolute, and whether or not known, foreseeable, liquidated, anticipated or suspected.

To the maximum extent permitted by law, you, on behalf of yourself and your past, present and future successors, predecessors, assigns, heirs, affiliates, agents, insurers and representatives, absolutely, unconditionally and irrevocably forever release and discharge (and covenant not to sue) us or our affiliates or any of our and their respective past, present and future successors, predecessors and assigns, and all of our and their shareholders, insurers, representatives, officers, directors and employees, from any and all Claims arising out of or in any way related to your use or inability to access and/or use our Website, App, or services.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

13. Entire Agreement

These Terms constitute the entire agreement between you and Senergy AI regarding your use of the Website and the App, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether oral or written.

14. Waiver

The failure of Senergy AI to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

16. Electronic Communications

By using the Website and/ or the App, you consent to receive electronic communications from us, including emails, newsletters, and updates. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of nature, war, terrorism, labor disputes, pandemics/epidemics, public health crises, and technical failures.

18. Survival

Upon termination of these Terms, any provision that by its nature should survive termination (including, but not limited to, ownership provisions, indemnification, and limitations of liability) will continue to be in effect.

19. Contact Us

We reserve the right, at our sole discretion, to modify or replace these Terms at any time and you are obligated to periodically review these Terms and maintain compliance if and when these Terms are modified and replaced. If you have any questions about these Terms, please contact us at info@senergyai.com.

By accessing or using the Website and/or the App, you agree to be bound by these Terms and our Privacy Policy.